Terms of Service
Aerial Foundations LLC
Effective Date: January 6, 2025
Last Updated: October 14, 2024
1. AGREEMENT TO TERMS
By accessing or using the Aerial Foundations LLC website (aerialfoundations.com), purchasing a membership, or participating in any training programs, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site and our services.
2. ELIGIBILITY
You must be at least 18 years of age to purchase a membership or access our services. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.
3. MEMBERSHIP PLANS AND PRICING
Full Access Membership
• Monthly: $36.99 per month (billed monthly)
• 6-Month: $180.00 (billed every 6 months)
• Annual: $240.00 (billed annually)
Restorative Membership (includes workout classes)
• Monthly: $19.99 per month (billed monthly)
• 6-Month: $97.00 (billed every 6 months)
• Annual: $180.00 (billed annually)
All prices are in U.S. dollars and are subject to change with 30 days' notice to active members. Price changes will not affect current members until their next renewal period.
4. BILLING AND PAYMENT
By purchasing a membership, you authorize Aerial Foundations LLC to charge your payment method on file for the applicable membership fee. All memberships automatically renew at the end of each billing period unless cancelled prior to the renewal date.
You are responsible for maintaining current and valid payment information. If payment fails, we reserve the right to suspend or terminate your access until payment is received.
5. REFUND POLICY
30-Day Money-Back Guarantee: If you are not satisfied with your membership, you may request a full refund within 30 days of your initial purchase date. This guarantee applies only to your first purchase and does not apply to membership renewals.
To request a refund, contact us at marci@aerialfoundations.com with your membership details and reason for cancellation. Refunds will be processed within 7-10 business days to the original payment method.
No refunds are provided:
• After the 30-day guarantee period has expired
• For membership renewals (monthly, 6-month, or annual)
• For partial months or unused portions of your membership
• For violations of these Terms of Service
6. CANCELLATION POLICY
Monthly Memberships
You may cancel your monthly membership at any time. Upon cancellation, you will retain access to all membership content through the end of your current billing period. Your membership will not renew, and no further charges will be made.
6-Month and Annual Memberships
You may cancel your 6-month or annual membership at any time after the 30-day money-back guarantee period. Upon cancellation, you will retain full access to all membership content through the end of your paid period (6 months or 1 year from purchase date). Your membership will not automatically renew, and no further charges will be made.
No refunds or pro-rated credits are provided for cancellations made after the 30-day guarantee period.
How to Cancel
To cancel your membership, log into your account and follow the cancellation instructions, or contact us at marci@aerialfoundations.com. Cancellations must be submitted before your renewal date to avoid being charged for the next billing period.
7. ASSUMPTION OF RISK AND LIABILITY WAIVER
Inherent Risks of Aerial Training
You acknowledge and understand that aerial arts training, including but not limited to aerial sling, aerial hammock, inversions, and related physical activities, involves inherent and significant risks of physical injury, including but not limited to:
• Falls from height
• Muscle strains, sprains, and tears
• Joint injuries
• Head, neck, and spinal injuries
• Fractures and broken bones
• Concussions
• Serious injury or death
Voluntary Participation
You voluntarily choose to participate in aerial training with full knowledge of the risks involved. You assume all risks associated with participation, whether known or unknown, and whether caused by your own actions, the actions of others, equipment failure, or any other cause.
Medical Clearance
You represent and warrant that you are in good physical health and have no medical conditions that would prevent safe participation in aerial training. You agree to consult with a physician before beginning any new exercise program, including aerial training.
You agree to immediately discontinue participation and seek medical attention if you experience pain, discomfort, dizziness, nausea, or any other physical distress during training.
Release of Liability
To the fullest extent permitted by law, you hereby release, waive, discharge, and covenant not to sue Aerial Foundations LLC, its owner (Marci Nault), instructors, employees, agents, and affiliates from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by you while participating in aerial training, whether caused by negligence or otherwise.
8. EQUIPMENT DISCLAIMER AND LIABILITY
Member Responsibility for Equipment
You are solely responsible for obtaining, installing, inspecting, and maintaining all aerial equipment used in connection with our training programs, including but not limited to:
• Aerial silks, slings, and hammocks
• Rigging hardware (carabiners, swivels, rescue-8s, etc.)
• Mounting points and structural supports
• Crash mats and safety equipment
Professional Rigging Inspection Required
You must have all aerial rigging inspected and approved by a certified rigging professional before use. Aerial Foundations LLC does not inspect, approve, or certify any rigging installations. Improper installation can result in serious injury or death.
Equipment Sold on Website
Aerial Foundations LLC may offer aerial equipment for sale through our website, including equipment from manufacturers such as X-Pole, Uplift Active, and others. Any equipment sold is provided for informational and convenience purposes only.
By purchasing equipment from our website, you acknowledge and agree that:
• Aerial Foundations LLC is not the manufacturer of any equipment sold
• All equipment is subject to the manufacturer's warranty, terms, and liability
• Aerial Foundations LLC makes no representations or warranties regarding the safety, quality, or suitability of any equipment
• You are solely responsible for ensuring equipment is appropriate for your use, properly installed, and regularly inspected
• Aerial Foundations LLC is not liable for any injury, damage, or loss resulting from equipment purchased through our website or any other source
Equipment Shown in Training Videos
Equipment shown or used by instructors in training videos is for demonstration purposes only and does not constitute a recommendation, endorsement, or guarantee of safety. You are responsible for selecting equipment appropriate for your individual needs, skill level, and installation environment.
No Liability for Equipment Failure
Aerial Foundations LLC is not liable for any injury, damage, or loss resulting from equipment failure, improper installation, inadequate structural support, user error, or any other equipment-related issue, regardless of where the equipment was purchased.
9. USER CONDUCT AND PROHIBITED ACTIVITIES
You agree not to:
• Share your membership login credentials with others
• Download, reproduce, distribute, or sell any membership content without written permission
• Use our services for any unlawful purpose
• Attempt to gain unauthorized access to our systems or other user accounts
• Upload viruses, malware, or other harmful code
• Harass, threaten, or abuse other members or instructors
• Impersonate any person or entity
• Use our services in any way that could damage, disable, or impair our website or services
Violation of these terms may result in immediate termination of your membership without refund.
10. AERIAL EQUIPMENT SALES AND USE
Equipment Coverage:
This waiver applies to ALL Aerial Foundations products, including potential future sales of:
- Aerial Silks
- Aerial Slings
- Aerial Hammocks
- Rigging Equipment
- Mounting Hardware
- Training Accessories
Equipment Disclaimer:
- Equipment sold is for professional/trained use
- Proper installation requires professional expertise
- Incorrect installation can result in serious injury or death
- Aerial Foundations provides equipment, NOT installation services
Equipment Usage Responsibilities:
- Purchaser assumes full responsibility for:
* Proper equipment selection
* Professional installation
* Regular safety inspections
* Weight limit adherence
* Appropriate use and maintenance
Warranty and Liability:
- Equipment sold "as manufactured"
- No implied fitness for specific purpose
- Manufacturer warranties may apply separately
- Aerial Foundations not liable for:
* Improper installation
* Misuse of equipment
* Structural failures
* Personal injury from equipment use
Recommended Practices:
- Have equipment installed by certified professional
- Conduct regular safety inspections
- Follow manufacturer's weight and usage guidelines
- Use appropriate safety gear
- Seek professional training before use
11. INTELLECTUAL PROPERTY RIGHTS
All content provided through Aerial Foundations LLC, including but not limited to videos, images, text, graphics, logos, the Activation Method, training programs, and course materials, is the exclusive property of Aerial Foundations LLC and is protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and view membership content for your personal, non-commercial use only. You may not:
• Copy, reproduce, distribute, or create derivative works from our content
• Publicly display or perform our content
• Use our content for commercial purposes
• Remove or alter any copyright, trademark, or proprietary notices
• Teach or instruct others using our proprietary methods without written permission
12. PRIVACY AND DATA COLLECTION
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. By using our services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
13. MODIFICATIONS TO SERVICE AND CONTENT
Aerial Foundations LLC reserves the right to modify, suspend, or discontinue any aspect of our services, including membership content, features, and pricing, at any time with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of services.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Aerial Foundations LLC, its owner, instructors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
• Your use or inability to use our services
• Any injury or damage sustained during aerial training
• Equipment failure or improper installation
• Unauthorized access to or alteration of your data
• Any other matter relating to our services
Our total liability to you for any claim arising out of or related to these Terms of Service or our services shall not exceed the amount you paid for your membership in the 12 months preceding the claim.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Aerial Foundations LLC, its owner, instructors, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
• Your use of our services
• Your violation of these Terms of Service
• Your violation of any rights of another person or entity
• Your participation in aerial training
• Your equipment, installation, or rigging
16. DISPUTE RESOLUTION AND GOVERNING LAW
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
Jurisdiction and Venue
Any legal action or proceeding arising out of or related to these Terms of Service or our services shall be brought exclusively in the state or federal courts located in Massachusetts, and you consent to the personal jurisdiction of such courts.
Informal Resolution
Before filing any formal legal action, you agree to first contact us at marci@aerialfoundations.com to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably.
17. SEVERABILITY
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
18. ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Aerial Foundations LLC regarding our services and supersede all prior agreements and understandings.
19. WAIVER
Our failure to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Aerial Foundations LLC.
20. CHANGES TO TERMS OF SERVICE
Aerial Foundations LLC reserves the right to modify these Terms of Service at any time. We will notify active members of material changes via email or through our website at least 30 days before the changes take effect. Your continued use of our services after changes become effective constitutes acceptance of the modified terms.
21. CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at:
Aerial Foundations LLC
Email: marci@aerialfoundations.com
Website: aerialfoundations.com
22. ACKNOWLEDGMENT AND ACCEPTANCE
By clicking "I Agree," checking the acceptance box, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You further acknowledge that you have been advised to consult with legal counsel if you have any questions about these terms.
YOU ACKNOWLEDGE THAT AERIAL TRAINING INVOLVES SIGNIFICANT RISK OF INJURY AND THAT YOU VOLUNTARILY ASSUME ALL SUCH RISKS.